Case Law Search

Interpretation of the Convention

Appeal allowed; the District Court had abused its discretion in denying the motion to set aside.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Interpretation of the Convention

Appeal dismissed, return ordered

Appeal dismissed and return ordered forthwith subject to undertakings. The child had been wrongfully removed and none of the exceptions applied.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Procedural Matters | Interpretation of the Convention

Appeal dismissed, return ordered

The court found that the Convention was not applicable to the case but dismissed the appeal on the basis that the child's interests were best served by a return to the United States.

Consent - Art. 13(1)(a)

Challenge to legality dismissed; the retention was wrongful but the standard required under Article 13(1)(a) had been met to show that the father had consented. The return was therefore refused.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful as it was in breach of the father's rights of custody and the child was habitually resident in Greece at the relevant date.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered; the removal was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proved to the standard required by the Convention.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Appeal allowed, return ordered

Appeal allowed and return ordered; the retention was wrongful as the children were habitually resident in Australia at the relevant date. The standard of harm required under Article 13(1)(b) had not been met.

Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered; the removal was in breach of the father's actually exercised rights of custody and was therefore wrongful.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Return ordered

Return ordered; the removal was wrongful and Article 13(1)(b) was not proved to the standard required under the Convention.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Return ordered

Return ordered; the removal was wrongful as the child was habitually resident in England at the relevant date.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return refused

Return refused; the removal was wrongful but the standard required under Article 13(1)(b) to indicate a grave risk of physical and psychological harm had been met.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings

Return ordered subject to undertakings

Return ordered, subject to undertakings; the removal was wrongful as it was in breach of the father's rights of custody and the standard of harm required under Article 13(1)(b) had not been met. Order stayed to permit the mother a short time to reconsider her position on accompanying the children.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)

Return ordered

Return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3 | Procedural Matters

Application dismissed

Application dismissed; the removal was wrongful as it breached the rights of custody vested in the Ontario Court seized of the proceedings.

Habitual Residence - Art. 3

Return ordered

Removal wrongful and return ordered; the child was habitually resident in Israel on the relevant date.

Rights of Custody - Art. 3

Challenge to legality dismissed; there had been no breach of custody rights. The application was therefore dismissed.

Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2)

Challenge to legality dismissed; the child's objections satisfied the standard required under Article 13(2) of the Convention.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful as the father held custody rights which were breached by the removal and none of the exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3

Return ordered

Appeal allowed and return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.